MEMORANDUM OF AGREEMENT
BETWEEN
SMART PRINTERS LIMITED (EMPLOYER)
AND
THE KENYA UNION OF PRINTING, PUBLISHING, PAPER MANUFACTURERS AND ALLIED WORKERS
1.PREAMBLE
(a) Both parties to this agreement meeting together in a free heart and voluntary association have agreed to enter into the following common Agreement in matters of Wages and other Terms and Conditions of Employment (services) to be negotiated between them to cover unionisahle employees.
(b) Any other worker or any category of employees who are not union members by virtue of their faith or other reasons and wish to be covered or enjoy the benefits achieved and accrued out of the CBA shall have to pay a service charge of 2% per month of their basic salary.
2.WAGES AND SALARIES
The following increase shall apply on the current basic salary:-
| Low income earners group
(Those earning below Kshs. 15,000/-) |
Upper income earners
(Those earning above 15,000/-) |
| First year 12% w.e.f. 1st Oct. 2012
Second year 12% w.e.f. 1st Oct. 2013 |
First year 8% w.e.f. 1st Oct. 2012
Second year 8% w.e.f. 1st Oct. 2013 |
3.BASIC MINIMUM WAGES
With effect from 1-10-2012
| Grade 1
General Labour including Cleaner, Sweepers, Gardeners, day watchmen, messenger. |
Kshs.9,010/= |
| Grade 2
Turn Boy, Cook, Line Cutter |
Kshs.9,730.35/= |
| Grade 3
Night Watchmen, Laddle repair |
Kshs.10,051/= |
| Grade 4
Machine Attendant Machine Assistant Mass Production Machinist Gas Cutter, Time Keeper |
Kshs.10,211.25/= |
| Grade 5
Chapils Vehicle service worker, Junior Clerk. |
Kshs.11,655/= |
| Grade 6
Printing Machine Operator, Shop Assistant, Copy Typist Driver, (Car & Light Van) Fireman, Crane Operator |
Kshs.12,160/= |
| Grade 7
Pattern Designer(Draughtsman) General Clerk Telephone Operator Receptionists, Store Keeper, Quality Control . |
Kshs.13,876/= |
| Grade 8
Driver (Medium Sized Vehicle). |
Kshs.15,292/= |
| Grade 9
Salesman |
Kshs. 16,883/= |
| Grade 10
Caretaker (Building) |
Kshs. 18,683/= |
| Grade 11
Cashier, Driver (Heavy Commercial) Salesman Driver |
Kshs. 20,329/= |
| Grade 12
Ungraded Artisan Artisan III Artisan II Artisan Grade I |
Kshs 12,160/= Kshs 15,292/= Kshs 16,515.50 /= Kshs 20,329/= |
4.HOURS OF WORK
The normal working week shall consist of 45 hours spread over six days in a week.
5.OVERTIME
(a) Over time shall be paid as follows, in respect of hours worked over the above normal working hours per week
Normal day - one and half
Rest day and gazetted public holidays – two times
(b) The basic hourly rate for any employee shall be calculated by the following formula:-
(Employee's basic salary per month x 12) / 2340
6. ANNUAL LEAVE
a. After completion of each period of twelve (12) months of continuous services, an employee shall be entitled to twenty Four (24) working days leave
b. The time of taking leave shall, whenever possible, be arranged mutually between the employer and employees. An employee intending to go on annual leave shall give 30 days’ notice in advance.
c. An employee who fails to resume duty after leave without permission or satisfactory reason will be regarded as being absent without permission and will be liable to summary dismissal as provided for by Section 44(4) of the Employment Act, 2007.
7. LEAVE TRAVELLING ALLOWANCE
An employee proceeding on authorized annual leave shall be entitled to 3,500/- (three thousand Five Hundred shillings) payable in advance.
8.SICK LEAVE
a. Employees will be entitled to 30 days sick with full pay and further 20 days on half pay per annum subject to a registered medical practitioner's certificate for approval.
b. In case of actual continuous hospitalization, the sick leave will be extended to include individual's prorata leave due, subject to medical verification thereof. It will be at the management’s discretion to continue the employment or terminate the same.
c. An employee shall not be entitled to sick leave unless he produces a medical certificate of incapacity covering the period of sick leave claimed; signed by a company medical practitioner or a person acting on his behalf.
d. An employee shall not be eligible for sick leave in respect of incapacity due to gross neglect on his/her part.
c. Time spent at the medical centre in excess of such time as may be reasonably required for treatment or certification will be considered as sick leave.
9. COMPASSIONATE LEAVE
a. An employee desiring to take leave on compassionate grounds shall by prior arrangement with the company be granted such leave up to his earned leave entitlement and the leave shall subsequently be set off against his/her annual leave.
b. An employee may, in addition to leave provided in sub-paragraph (a) above be granted 5 days compassionate leave without pay in any one year.
10.WARNING SYSTEM
a. Any employee who is guilty of an offence other than gross misconduct or other lawful cause for dismissal may be given a written warning which shall be entered in the employee's record and shall remain valid for period of twelve (12) months from the date of issue.
b. If within the twelve (12) months period the employee commits a similar offence which does not warrant dismissal he will be warned in writing and the warning will be entered in his file.
c. If within twelve months period the employee commits a further offence which does not warrant dismissal, he will be issued with a final letter of warning which will make him liable to dismissal for any other offence he may commit thereafter. A final letter or warning will remain valid for a period of one year from the date of issue.
d. An employee who has been warned once, twice or thrice and who completes a period of 365 days of service without a further fault shall have any warning(s) recorded cancelled.
11.TERMINATION OF SERVICES
a. After completion of satisfactory probationary period; service will he terminable by either party giving notice or pay in lieu thereof as outlined hereunder
b. Employees with 1 to 10 completed years of service 1 month
c. Employees with over 10 completed years of service 2 months
An employee who has served the company for a minimum of ten continuous years and wishes to voluntarily resign from the company will be paid 7 days basic pay for each completed year of service as gratuity. However, this does not prejudice the employer to summarily dismiss an employee for gross misconduct as provided for by Section 44(4) of the Employment Act, 2007.
12.INJURY
In case of sustained injury while on normal duties, the provisions of the Work Injury Benefits Act 2007 shall apply
13. MATERNITY LEAVE/PATERNITY LEAVE
The provisions of the Employment Act, 2007, shall apply. However, paternity leave shall cover the registered wife and the employee shall give 30 days prior notice
14.RETIREMENT BENEFITS
a. Retirement age shall be 55 years
b. Any employee who is dismissed summarily for gross misconduct shall not be entitled to any benefits under this clause.
c. An employee who qualifies for retirement shall be paid 17 (seventeen) days pay for each completed year of service.
15.PAYMENT OF WAGES AND SALARIES
a. Salaries shall continue to be paid in arrears at the last day of the month
b. Mid month advances shall be paid on the l 5th day of the month
c. In case of need to extend normal pay day, employees need to be notified in advance
d. All payments/deductions will be made on the pay slips
16. PROBATION
A newly engaged employee shall serve a probation of three months. Either party may terminate probation by giving 7 days notice in writing or by payment in lieu of such notice.
17. ACTING ALLOWANCE
Where an employee is required to work for a period of not less than one month in a grade or occupation which the basic minimum wage is higher than the basic wage normally earned by the employee, he shall be paid an acting allowance at a rate not less than the difference between that higher basic minimum wage and his/her basic wage.
18.GAZETTED PUBLIC HOLIDAYS
The company shall observe all public holidays in the Republic of Kenya. Annual leave may be extended by the number of public holidays as above that fall within the authorized leave period.
19.TRAINING
The Company shall grant leave of absence to Shopstewards/members with full pay to attend seminar/training sponsored or through the union
20.CHECK-OFF SYSTEM
Check off system will continue to be operated by the company in accordance with the provisions of the Labour relations Act, 2007.
21.PROTECTIVE CLOTHING
The company shall provide two (2) overalls/dust coats per year and shall provide a bar of soap per month for washing them.
22.REDUNDANCY
(a) Redundancy shall mean loss of employment, occupation, job or career by involuntary means at no fault of the employee, involving a termination of employment at the initiative of the employer where the services of an employee are superfluous and the practices commonly known as abolition of office, job or occupation and loss of employment.
(b) The Union shall be informed one month in advance of the reasons and extent of the intended redundancy.
(c) In the event of an employee being declared redundant, he/shall be entitled to:
(i) Severance pay at the rate of Eighteen (18) days wages for every completed year of service based on the basic wages being earned at the time
(ii) 1 (one) month notice or one month’s basic pay in lieu of notice, as defined in the agreement
(iii) Pro-rata leave and leave allowance entitled in accordance with the agreement
(iv) In deciding which employee shall be declared redundant, the company will assess the relative merits, ability and reliability of the affected employees, but when these factors are equal, the discharge will be on the basis of seniority. Membership and non-membership of the Union will not be a factor.
23.NIGHT SHIFT ALLOWANCE
Payment will be made as follows:-
(i) Heavy machines SM74/5,74/2,52/4 MOE & GTO shs.300/= per night.
(ii) Plate making/CTP numbering folding, polar and die cutting, 201 & 313 machines Kshs. 150/= per night.
(iii) All other machines/Binders Kshs. 100/= per night.
24.HOUSE ALLOWANCE
Employees not housed by the company shall be entitled to a housing allowance of' Three Thousand Five Hundred (3,500/-). However, employees earning more than three thousand as house allowance shall continue enjoying the same.
25.MEDICAL TREATMENT
The provision of Section 34 of the Employers Act 2007 shall apply.
26.SUSPENSION
An employee be suspended for a period of two weeks on half pay for purposes of investigation for disciplinary action.
27.PROMOTION
Where a vacancy exists in the company the Management will give due consideration to the existing employees provided that those to be considered posses the relevant minimum qualifications.
28.TRANSPORT ALLOWANCE
Where an employee may be required to work between 6.30p.m. and 9.30p.m such an employee will be paid Kshs. 150/= for purposes of transport.
29.SAFARI ALLOWANCE
An employee travelling for duty from his appointed place of work will be paid as follows :-
Breakfast -100/-
Lunch -100/-
Dinner-200/-
Accommodation-500/-
30.DEATH
When an employee dies while in service, an employer shall contribute Kshs.50,000/- towards funeral expenses.
31.CERTIFICATE OF EMPLOYMENT/SERVICE
(a) Letters of confirmation to be issued to employees who have satisfactorily completed their probation period indicating their duties, designationand other responsibilities.
(b) On termination, retirement or resignation a certificate of service shall be issued to the concerned employees
32. EFFECTIVE DATE AND DURATION OF AGREEMENT
This agreement shall come into operation from1st October 2012 and shall remain for a period of two years. Thereafter it shall be observed until amended.
Any party wishing to amend the agreement shall be required to give three months written notice giving details of the desired amendment.
SIGNED FOR AND ON BEHALF OF THE COMPANY
……………………..…………………………..
DIRECTORGENERAL MANAGER
………………………………………………
HUMAN RESOURCES OFFICER
SIGNED FOR AND ON BEHALF OF THE UNION
…………………………..…………………………..
GENERAL SECRETARYDEPUTY GENERAL SECRETARY
……………………………………………………………..
BRANCH SECRETARYSHOPSTEWARD
IN THE PRESENCE OF
………………………………….
A.O. AMBENGE
SENIOR EXECUTIVE OFFICER, FKE
SIGNED IN NAIROBI THIS ………………….. DAY OF ……………………2013
